Litigation
Jul. 29, 2014
Unsettled law on recovering fees under anti-SLAPP statute
The anti-SLAPP statute provides that a prevailing defendant is entitled to recover his or her attorney fees and costs but does not contain any limitations as to which fees and costs. By Harry Mittleman and Bryant Yang
A competitor and one of its founders sued a client of ours in California state court after our client successfully invoked a federal common law defense against that same competitor in a then-pending patent litigation in Delaware federal court. The state court complaint claimed that our client's successful assertion of a federal defense in federal court violated state law prohibiting unfair competition and noncompetition clau...
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